Text of section effective on April 01, 2025
Sec. 540A.0152.  RULES FOR NONMEDICAL TRANSPORTATION SERVICES.  (a)  The executive commissioner shall adopt rules regarding the manner in which nonmedical transportation services may be arranged and provided.
(b)  The rules must require a Medicaid managed care organization to create a process to:
(1)  verify that a passenger is eligible to receive nonmedical transportation services;
(2)  ensure that nonmedical transportation services are provided only to and from covered health care services in areas in which a transportation network company operates; and
(3)  ensure the timely delivery of nonmedical transportation services to a recipient, including by setting reasonable service response goals.
(c)  The rules must require a transportation vendor to, before permitting a motor vehicle operator to provide nonmedical transportation services:
(1)  confirm that the operator:
(A)  is at least 18 years of age;
(B)  maintains a valid driver's license issued by this state, another state, or the District of Columbia; and
(C)  possesses proof of registration and automobile financial responsibility for each motor vehicle to be used to provide nonmedical transportation services;
(2)  conduct, or cause to be conducted, a local, state, and national criminal background check for the operator that includes the use of:
(A)  a commercial multistate and multijurisdiction criminal records locator or other similar commercial nationwide database; and
(B)  the national sex offender public website the United States Department of Justice or a successor agency maintains;
(3)  confirm that any vehicle to be used to provide nonmedical transportation services:
(A)  meets the applicable requirements of Chapter 548, Transportation Code; and
(B)  except as provided by Section 540A.0156, has at least four doors; and
(4)  obtain and review the operator's driving record.
(d)  The rules may not permit a motor vehicle operator to provide nonmedical transportation services if the operator:
(1)  has been convicted in the three-year period preceding the issue date of the driving record obtained under Subsection (c)(4) of:
(A)  more than three offenses the Department of Public Safety classifies as moving violations; or
(B)  one or more of the following offenses:
(i)  fleeing or attempting to elude a police officer under Section 545.421, Transportation Code;
(ii)  reckless driving under Section 545.401, Transportation Code;
(iii)  driving without a valid driver's license under Section 521.025, Transportation Code; or
(iv)  driving with an invalid driver's license under Section 521.457, Transportation Code;
(2)  has been convicted in the preceding seven-year period of any of the following:
(A)  driving while intoxicated under Section 49.04 or 49.045, Penal Code;
(B)  use of a motor vehicle to commit a felony;
(C)  a felony crime involving property damage;
(D)  fraud;
(E)  theft;
(F)  an act of violence; or
(G)  an act of terrorism; or
(3)  is found to be registered in the national sex offender public website the United States Department of Justice or a successor agency maintains.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.